Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

Allah's Apostle saw some expectoration on the wall of the mosque; he took gravel and scraped it off and said, "If anyone of you wanted to spit he should neither spit in front of him nor on his right but he could spit either on his left or under his left foot."

The Messenger of Allah (saws) said: When a man stands with the intention of saying prayer, or if any of you says prayer, he should not spit before him, nor at his right side; but he should do so at his left side, if there is a place for it; or he should spit under his left foot and then rub it off.

Abu Bakr bought a (camel) saddle from `Azib for thirteen Dirhams. Abu Bakr said to `Azib, "Tell Al- Bara' to carry the saddle for me." `Azib said, "No, unless you relate to me what happened to you and Allah's Apostle when you left Mecca while the pagans were in search of you." Abu Bakr said, "We left Mecca and we traveled continuously for that night and the following day till it was midday. I looked (around) searching for shade to take as shelter, and suddenly I came across a rock, and found a little shade there. So I cleaned the place and spread a bed for the Prophet in the shade and said to him, 'Lie down, O Allah's Apostle.' So the Prophet lay down and I went out, looking around to see if there was any person pursuing us. Suddenly I saw a shepherd driving his sheep towards the rock, seeking what we had already sought from it. I asked him, 'To whom do you belong, O boy?' He said, 'I belong to a man from Quraish.' He named the man and I recognized him. I asked him, 'Is there any milk with your sheep?' He said, 'Yes.' I said, 'Will you then milk (some) for us?' He said, 'Yes.' Then I asked him to tie the legs of one of the sheep and clean its udder, and then ordered him to clean his hands from dust. Then the shepherd cleaned his hands by striking his hands against one another. After doing so, he milked a small amount of milk. I used to keep for Allah's Apostle a leather water-container, the mouth of which was covered with a piece of cloth. I poured water on the milk container till its lower part was cold. Then I took the milk to the Prophet whom I found awake. I said to him, 'Drink, O Allah's Apostle.' So he drank till I became pleased. Then I said, 'It is time for us to move, O Allah's Apostle!' He said, 'Yes.' So we set out while the people (i.e. Quraish pagans) were searching for us, but none found us except Suraqah bin Malik bin Ju`shum who was riding his horse. I said, 'These are our pursuers who have found us. O Allah's Apostle!' He said, 'Do not grieve, for Allah is with us."

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

When the first civil strife (in Islam) took place because of the murder of 'Uthman, it left none of the Badr warriors alive. When the second civil strife, that is the battle of Al-Harra, took place, it left none of the Hudaibiya treaty companions alive. Then the third civil strife took place and it did not subside till it had exhausted all the strength of the people.

The Prophet said, "The selling of wheat for wheat is Riba (usury) except if it is handed from hand to hand and equal in amount. Similarly the selling of barley for barley, is Riba except if it is from hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount. (See Riba-Fadl in the glossary).

The Prophet (saws) appointed a sixth to a grandmother if no mother is left to inherit before her.

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad showed them how to sit in the tashahhud, and he kept his right foot vertical and laid his left foot down, and sat on his left haunch not on his foot. Then he said, "Abdullah ibn Abdullah ibn Umar saw me doing this and related to me that his father used to do the same thing."

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

(the same Hadith above, but he added); The Prophet asked, "Is there any of its meat left with you?"

The Prophet judged that seven cubits should be left as a public way when there was a dispute about the land.

Ibn Abbas reported that the Messenger of Allah (may peace be upon him) took a bath with the water left over by Maimuna.

The Prophet (saws) forbade that the male should perform ablution with the water left over by the female.

the Prophet (saws) forbade qaza' which means that the head of a boy is shaved and a lock is left.

Allah's Apostle said, "There are angels coming to you in succession at night, and others during the day, and they all gather at the time of `Asr and Fajr prayers. Then the angels who have stayed with you overnight ascend (to the heaven) and He (Allah) asks them though He perfectly knows their affairs. 'In what state have you left my slaves?' They say, 'When we left them, they were praying and when we came to them they were praying.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Hafsa, umm al-muminin, once said to the Messenger of Allah, may Allah bless him and grant him peace, "Why is it that everyone has left ihram and you still have not left ihram from your umra?" and he replied, "I have matted my hair and garlanded my sacrificial animal and will not leave ihram until I have sacrificed the animal."

That the latter said, "Who has change?" Talha said, "I (will have change) when our storekeeper comes from the forest." Malik bin Aus narrated from `Umar bin Al-Khattab: Allah's Apostle said, "The bartering of gold for gold is Riba (usury), except if it is from hand to hand and equal in amount, and wheat grain for wheat grain is usury except if it is form hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount, and barley for barley is usury except if it is from hand to hand and equal in amount."

Some people of the tribe of `Ukl and `Uraina arrived at Medina to meet the Prophet and embraced Islam and said, "O Allah's Prophet! We are the owners of milch livestock (i.e. bedouins) and not farmers (i.e. countrymen)." They found the climate of Medina unsuitable for them. So Allah's Apostle ordered that they should be provided with some milch camels and a shepherd and ordered them to go out of Medina and to drink the camels' milk and urine (as medicine) So they set out and when they reached Al-Harra, they reverted to Heathenism after embracing Islam, and killed the shepherd of the Prophet and drove away the camels. When this news reached the Prophet, he sent some people in pursuit of them. (So they were caught and brought back to the Prophet ). The Prophet gave his orders in their concern. So their eyes were branded with pieces of iron and their hands and legs were cut off and they were left away in Harra till they died in that state of theirs. (See Hadith 234 Vol 1)

Abu Huraira used to say Takbir in all the prayers, compulsory and optional -- in the month of Ramadan or other months. He used to say Takbir on standing for prayer and on bowing; then he would say, "Sami`a l-lahu liman hamidah," and before prostrating he would say "Rabbana wa laka lhamd." Then he would say Takbir on prostrating and on raising his head from the prostration, then another Takbir on prostrating (for the second time), and on raising his head from the prostration. He also would say the Takbir on standing from the second rak`a. He used to do the same in every rak`a till he completed the prayer. On completion of the prayer, he would say, "By Him in Whose Hands my soul is! No doubt my prayer is closer to that of Allah's Apostle than yours, and this was His prayer till he left this world."

Allah's Apostle said to me. "Will you relieve me from Dhi-al-Khalasa? " Dhi-al-Khalasa was an idol which the people used to worship and it was called Al-Ka`ba al Yamaniyya. I said, "O Allah's Apostle I am a man who can't sit firm on horses." So he stroked my chest (with his hand) and said, "O Allah! Make him firm and make him a guiding and well-guided man." So I went out with fifty (men) from my tribe of Ahrnas. (The sub-narrator, Sufyan, quoting Jarir, perhaps said, "I went out with a group of men from my nation.") and came to Dhi-al-Khalasa and burnt it, and then came to the Prophet and said, "O Allah's Apostle! I have not come to you till I left it like a camel with a skin disease." The Prophet then invoked good upon Ahmas and their cavalry (fighters).

The delegates of the tribe of `Abdul-Qais came and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and there is the infidels of the tribe of Mudar intervening between you and us, so we cannot come to you except in the Sacred Months. So please order us some instructions that we may apply it to ourselves and also invite our people whom we left behind us to observe as well." The Prophet said, "I order you (to do) four (things) and forbid you (to do) four: I order you to believe in Allah, that is, to testify that None has the right to be worshipped but Allah (the Prophet pointed with his hand); to offer prayers perfectly; to pay Zakat; to fast the month of Ramadan, and to pay the Khumus (i.e. one-fifth) of the war booty to Allah and I forbid you to use Ad-dubba', An-Naqir, Al-Hantam and Al-Muzaffat (i.e. utensils used for preparing alcoholic drinks)." (See Hadith No. 50, Vol. 1).

Abu Dawud said: in this tradition there is no mention of sitting on hips and raising hands when he stood after two rak’ahs as narrated by ‘Abu al-Hamid.

From Malik bin Aws bin Hadathan that he said: "I once said: 'Who can change some Dirham?' So Talhah bin 'Ubaidullah - and he was with 'Umar bin Al-Khattab - said: "Leave your gold with us, then return to us when our servant comes and we will give you your silver." 'Umar bin Al-Khattab said: "No! By Allah! Either give him his silver or return his gold to him. Indeed the Messenger of Allah (saws) said: 'Silver for gold is Riba, except for hand to hand; and wheat for wheat is Riba except for hand to hand; and barley for barley is Riba except hand to hand; and dried-dates for dried-dates is Riba except for hand to hand.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to the people of knowledge. And the meaning of Ha' Wa Ha' is hand to hand.

When the Prophet came to Mecca he entered from its higher side and left from its lower side.

Allah's Apostle distributed something (from the resources of Zakat) amongst a group of people while I was sitting amongst them, but he left a man whom I considered the best of the lot. So, I went up to Allah's Apostle and asked him secretly, "Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim (Who surrender to Allah)." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer. " The Prophet said, "Or merely a Muslim." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim." Then Allah's Apostle (p.b.u.h) said, "I give to a person while another is dearer to me, for fear that he may be thrown in the Hell-fire on his face (by reneging from Islam)."

that Malik bin Aus said, "I was in need of change for one-hundred Dinars. Talha bin 'Ubaidullah called me and we discussed the matter, and he agreed to change (my Dinars). He took the gold pieces in his hands and fidgeted with them, and then said, "Wait till my storekeeper comes from the forest." `Umar was listening to that and said, "By Allah! You should not separate from Talha till you get the money from him, for Allah's Apostle said, 'The selling of gold for gold is Riba (usury) except if the exchange is from hand to hand and equal in amount, and similarly, the selling of wheat for wheat is Riba (usury) unless it is from hand to hand and equal in amount, and the selling of barley for barley is usury unless it is from hand to hand and equal in amount, and dates for dates, is usury unless it is from hand to hand and equal in amount"

Sharid's mother left a will to emancipate a believing slave on her behalf. So he came to the Prophet (saws) and said: Messenger of Allah, my mother left a will that I should emancipate a believing slave for her, and I have a black Nubian slave-girl. He mentioned a tradition about the test of the girl.

Abu Dawud said: Khalid b. 'Abd Allah narrated this tradition direct from the Prophet (saws). He did not mention the name of al-Sharid.

Malik said, "It is the generally agreed on way of doing things among us that the meat of camels, cattle, sheep and so on is not to be bartered one for one, except like for like, weight for weight, from hand to hand. There is no harm in that. If it is not weighed, then it is estimated to be like for like from hand to hand."

Malik said, "There is no harm in bartering the meat of fish for the meat of camels, cattle, and sheep and so on two or more for one, from hand to hand. If delayed terms enter the transaction however, there is no good in it."

Malik said, "I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of it for something different, more of one than another, from hand to hand. None of that is to be sold on delayed terms."

Allah's Apostle distributed (Zakat) amongst (a group of) people while I was sitting there but Allah's Apostle left a man whom I thought the best of the lot. I asked, "O Allah's Apostle! Why have you left that person? By Allah I regard him as a faithful believer." The Prophet commented: "Or merely a Muslim." I remained quiet for a while, but could not help repeating my question because of what I knew about him. And then asked Allah's Apostle, "Why have you left so and so? By Allah! He is a faithful believer." The Prophet again said, "Or merely a Muslim." And I could not help repeating my question because of what I knew about him. Then the Prophet said, "O Sa'd! I give to a person while another is dearer to me, for fear that he might be thrown on his face in the Fire by Allah."

The Prophet said, "After me I have not left any trial more severe to men than women."

In the year of the conquest of Mecca, the Prophet entered Mecca from Kada' and left Mecca from Kuda, from the higher part of Mecca.

The Prophet (saws) said: Hands are of three types: Allah's hand is the upper one; the bestower's hand is the one near it; the beggar's hand is the lower one. So bestow what is surplus, and do not submit yourself to the demand of your soul.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, shortened the prayer when he left for hajj or umra at Dhu'l Hulayfa.

Hulb prayed along with the Prophet (saws). He used to turn to both his sides (sometimes to the left and sometimes to the right).